Chapter 19.16
APPLICATION PROCESSING PROCEDURES
Sections:
19.16.010 Notice of application.
19.16.020 Optional notice of application/integrated DNS process.
19.16.040 State Environmental Policy Act (SEPA) integration.
19.16.060 Staff report and recommendations.
19.16.070 Open record public hearing.
19.16.100 Closed record decisions and appeals.
19.16.010 Notice of application.
The city shall provide a written notice of application to the public and departments and agencies with jurisdiction as provided in this section. Such notice shall not be required for project permits that are categorically exempt under SEPA, unless a public comment period or an open record predecision hearing is required.
A. Timing. The notice of application shall be issued within 14 days after the city has made a determination of completion.
B. Contents. The notice of application shall include:
1. The date of application, the date of the determination of completeness, and the date of the notice of application;
2. A description of the proposed project action and a list of the project permits included in the application and, if applicable, a list of any studies requested under RCW 36.70B.070 (Determination of completeness) or RCW 36.70B.090 (other information, changes, etc.);
3. The location of the proposed project;
4. The identification of other permits not included in the application, to the extent known by the city;
5. The identification of existing environmental documents that evaluate the proposed project, and if not otherwise stated on the document providing the notice of application, the location where the application and any studies can be reviewed;
6. A statement of the public comment period, which shall be not less than 14 days nor more than 30 days following the date of the notice of application;
a. If an open record predecision hearing is required for the requested project permits, the notice of application shall be provided at least 15 days prior to the predecision hearing;
7. Statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights;
8. The date, time, place, and type of hearing, if applicable and if such hearing has been scheduled;
9. A statement of the preliminary determination, if one has been made, of those development regulations that will be used for project mitigation, and of consistency as provided in RCW 36.70B.040 (DPMC 19.04.040); and
10. Any other information determined appropriate by the city.
C. Methods of Notification. The city shall use reasonable methods to give the notice of application to the public and agencies with jurisdiction, including posting site-specific application sites, posting notice at the City Hall and post office, plus at other public locations deemed appropriate by the city, and publishing notice in the city’s official newspaper as set forth in DPMC 19.16.050.
D. Withholding of Decisions. Except for a threshold determination of significance (DS), the city shall not issue a threshold determination or issue a decision or a recommendation on a project permit until the expiration of the public comment period on the notice of application. (Ord. 722 § 175, 1998)
19.16.020 Optional notice of application/integrated DNS process.
In accordance with WAC 197-11-355, if the city is the lead agency for a proposal and has a reasonable basis for determining that significant adverse environmental impacts are unlikely, the city may use a single integrated comment period to obtain comments on the notice of application and the likely threshold determination for the proposal.
A. If the optional integrated comment period is utilized, the city shall:
1. State on the first page of the notice of application that it expects to issue a DNS for the proposal, and that:
a. The optional DNS process is being used;
b. This may be the only opportunity for comment on the environmental impacts of the proposal;
c. The proposal may include mitigation measures under applicable municipal code provisions, other ordinances and regulations, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared; and
d. A copy of the subsequent threshold determination for the proposal may be obtained upon request;
2. List in the notice of application the conditions being considered to mitigate environmental impacts, if a mitigated DNS is expected;
3. Comply with the requirements for the notice of application and public notice as set forth in other sections of this chapter; and
4. Send the notice of application and environmental checklist to:
a. Agencies with jurisdiction, the Department of Ecology, affected tribes, and each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal; and
b. Anyone requesting a copy of the environmental checklist for the proposal.
B. If the city indicates on the notice of application that a DNS is likely, an agency with jurisdiction may assume lead agency status during the comment period on the notice of application pursuant to WAC 197-11-948.
C. The responsible official shall consider timely comments on the notice of application and either:
1. Issue a DNS or mitigated DNS with no comment period using the procedures in subsection D of this section;
2. Issue a DNS or mitigated DNS with a comment period using the procedures in subsection D of this section, if the city determines a comment period is necessary;
3. Issue a determination of significance (DS); or
4. Require additional information or studies prior to making a threshold determination.
D. If a DNS or mitigated DNS is issued under subsection C of this section, the city shall send a copy of the DNS or mitigated DNS to the Department of Ecology, agencies with jurisdiction, those who commented, and anyone requesting a copy. The environmental checklist need not be recirculated. (Ord. 722 § 175, 1998)
19.16.030 Project assessment.
The purpose of project assessment is to review the completed application, site plan, project proposal, and special studies for compliance with adopted plans, policies, and regulations which govern development. Within 10 days of issuing a determination of completeness, the city shall:
A. Transmit a copy of the application, or appropriate parts of the application, to each affected agency and municipal department for review and comment, including those responsible for determining compliance with state and federal requirements. Affected agencies and municipal departments shall be given no less than 15 nor more than 45 days to submit written comments to the city, depending upon the complexity of the project permit application. An agency or municipal department is presumed to have no comments if written comments are not received by the city within the specified time period.
B. Provide for notice and hearing if a predecision public hearing is required for the application. (Ord. 722 § 175, 1998)
19.16.040 State Environmental Policy Act (SEPA) integration.
When an application is subject to environmental review, such review shall be integrated and run concurrently with the permit procedures of this title.
A. Initial SEPA Analysis. The city shall review the project permit application under the requirements of SEPA (Chapter 43.21C RCW), the SEPA rules (Chapter 197-11 WAC), and the city’s environmental policy guidelines (Chapter 16.04 DPMC), and shall:
1. Determine whether applicable development regulations require studies that adequately analyze all of the proposal’s probable adverse environmental impacts;
2. Determine if applicable development regulations require measures that adequately address the proposal’s probable adverse environmental impacts;
3. Determine whether additional studies are required and/or whether the proposal should be conditioned with additional mitigation measures; and
4. Provide prompt and coordinated review, by agencies and the public, on compliance with applicable environmental laws and plans, including mitigation for specific project impacts that have not been considered and addressed at the plan or development regulation level.
If the city bases or conditions its approval of the project permit application on compliance with the requirements or mitigation measures of this subsection A, the city shall not impose additional mitigation under SEPA during project review.
B. Use of Existing Environmental Documents. In its review of a project permit application, the city may determine that the requirements for environmental analysis, protection, and mitigation measures, as contained in applicable development regulations, the comprehensive plan, and/or other applicable local, state, or federal laws, provide adequate analysis of, and mitigation for, the specific adverse environmental impacts of the application.
1. Development regulations, the comprehensive plan, and/or other applicable local, state, or federal laws, provide adequate analysis of, and mitigation for, the adverse environmental impacts of the application when:
a. The impacts have been avoided or otherwise mitigated; or
b. The city has designated acceptable levels of service, land use designations, development standards, or other land use planning regulations as required or allowed by the Growth Management Act (Chapter 36.70A RCW).
2. In its decision whether a specific environmental impact has been addressed by an existing rule or law of another agency with jurisdiction, the city shall consult orally or in writing with that agency and may expressly defer to that agency. In making such deferral, the city shall base or condition its project approval on compliance with such other agency’s existing rules or laws.
C. SEPA Threshold Determinations.
1. Except for a threshold determination of significance (DS), the city shall not issue a threshold determination or issue a decision or a recommendation on a project permit until the expiration of the public comment period on the notice of application.
2. If the city has made a determination of significance (DS) concurrently with the notice of application, the notice of application shall be combined with the determination of significance and scoping notice. Nothing in this section prevents a determination of significance and scoping notice from being issued prior to a notice of application.
3. If an open record predecision hearing is required on the underlying project permit application, the city shall issue its threshold determination at least 15 days prior to the predecision hearing.
4. The city, in Chapter 16.04 DPMC (environmental policy guidelines), has not enacted provisions for appeals to the city council regarding SEPA determinations, including any determination of nonsignificance (DNS), mitigated DNS, determination of significance (DS), or draft or final environmental impact statement (DEIS/FEIS) or supplement or addendum thereto. Therefore, appeals of the city’s SEPA determinations would be filed with the Spokane County superior court. (Ord. 722 § 175, 1998)
19.16.050 Public notice.
The purpose of public notification is to provide an opportunity for public participation in the development review process for those projects requiring notice by state or local law, and which may have impacts on neighboring property owners or the surrounding community.
A. Notification Generally. Depending upon the nature of the project permit application, some Type II and all Type III project proposals require publication of the notice of application in the city’s official newspaper, posting site-specific application sites, and posting notice at the City Hall and post office, plus at other public locations deemed appropriate by the city, pursuant to DPMC 19.16.010 and this section.
1. Nothing herein precludes the city from providing additional forms of notification as it deems appropriate.
B. Notice of Hearings or Meetings. In the case of Type II and Type III projects which require an open record predecision hearing or a public meeting, public notice of the hearing/meeting is also required. Unless otherwise stated, such notice shall be provided between 15 and 30 days in advance of the public hearing/meeting. Such notice shall include publication of the public hearing notice in the city’s official newspaper, posting site-specific application sites, and posting notice at the City Hall and post office, plus at other public locations deemed appropriate by the city, and by mailing notice to abutting or surrounding property owners in accordance with the procedures set forth in this chapter of this municipal code, or an uncodified ordinance, which applies to the project permit application.
1. Nothing herein precludes the city from providing additional forms of notification as it deems appropriate.
2. Pursuant to DPMC 19.16.010, the notice of application and the notice of public hearing/meeting may be combined into a single notice procedure.
C. Published Notice. Published notice shall include the requirements for the notice of application and, where an open record predecision hearing or a public meeting is either required by law or determined to be necessary by the city, the published notice shall also comply with the public notice requirements of this section for public hearings and meetings.
D. Property Posting. When notification through the posting of site-specific property is required, one or more sign(s), between four and 16 square feet in area (i.e., between two feet by two feet and four feet by four feet), shall be supplied and erected by the project permit applicant, in a conspicuous place(s) on the property as determined by the city, and shall comply with the following:
1. Be erected within the time frames required in this title (i.e., 14 to 30 days in advance of an application for which there is no open record predecision hearing or meeting, or 15 to 30 days in advance when there is an open record predecision hearing or meeting);
2. Said sign(s) shall be of commercial quality to withstand normal weather conditions and easily read from a long distance;
3. Legible block lettering shall state the notification requirements set forth in DPMC 19.16.010 and/or this section, as applicable;
4. Posted site notice(s) shall be maintained by the permit applicant in good condition during the notice period;
5. Posted site notice(s) shall be removed by the permit applicant within 14 days after the end of the notice period;
6. Removal of any site-specific posted notice prior to the end of the notice period may be cause for discontinuance of the city’s review and/or hearing process until the site-specific posted notice is replaced and remains in place for the specified time period;
7. An affidavit of posting shall be submitted to the city by the applicant prior to the hearing or final comment date. If the affidavit is not submitted as required, any scheduled hearing, or date by which the public may comment on the application, will be postponed in order to provide for full compliance with the public notice requirements of this title.
E. Contents of Public Notice. The contents of the public notice for a public hearing or public meeting shall include the following:
1. The name and address of the applicant or the applicant’s representative;
2. A description of the property, which may be in the form of either a vicinity location map or a written description, other than a legal description, reasonably sufficient to inform the public of the location of the proposal, and which may also include a site address, and/or a subdivision and block designation;
3. The date, time, and place of the hearing or meeting;
4. A general description of the proposed project or action to be taken, including the nature of the proposed use or development, and the project name, if applicable;
5. A notice of when and where interested persons/parties can review application materials and also submit comments or appear and provide testimony;
6. A statement of the applicable municipal code or other ordinance chapters or sections pertinent to the application;
7. The name of the city’s representative to contact and the telephone number where additional information may be obtained;
8. A notice of when and where a staff report will be available for inspection; and
9. Other information as the city may determine to be necessary to adequately notify the public of the pending application.
F. Mailed Notice.
1. When an open record predecision hearing is conducted, public notice is required to be mailed to the applicant, to abutting or surrounding property owners as specified in the municipal code chapter or uncodified ordinance section which governs the application type, and to interested agencies. Unless otherwise stated, such notice shall be mailed between 15 and 30 days in advance of the public hearing.
2. When either an open record appeal hearing or closed record appeal hearing is conducted, public notice shall be mailed to the applicant, to abutting or surrounding property owners as specified in the municipal code chapter or uncodified ordinance which governs the application type, to interested agencies, to any person who submits written or oral comments on the application, and to the appellant if the appellant is not the applicant. Unless otherwise stated, such notice shall be mailed between 15 and 30 days in advance of the appeal hearing.
3. Unless otherwise stated in the municipal code chapter or uncodified ordinance which governs the application type, the applicant shall pay the cost of all mailed notice and shall provide proof of mailing to the city. (Ord. 722 § 175, 1998)
19.16.060 Staff report and recommendations.
The purpose of preparing a staff report is to facilitate the review and decision-making process by providing information and analysis in a concise and clear format. The staff report will provide the factual and logical information which provide the basis for the city staff’s recommendation.
A. Based on the information provided by the applicant and the technical and design analysis of the development proposal provided by pertinent city departments, consultants, and applicable public agencies, a single staff report and recommendation shall be compiled by city staff and presented to the recommendation-making or decision-making body. The report shall address all technical and design issues of the project and shall include the comments of the general public, departments and agencies, and recommendations of staff. The staff report will be used as background information in the recommendation-making or decision-making process.
B. The staff report shall also state all the decisions or recommendations made as of the date of the report on all project permits included in the consolidated permit process that do not require an open record predecision hearing, and any recommendations on project mitigation required or proposed under municipal development regulations, including environmental review regulations. If a threshold determination has not been previously issued by the city, other than a determination of significance (DS), the report shall include the threshold determination. (Ord. 722 § 175, 1998)
19.16.070 Open record public hearing.
The purpose of an open record public hearing or public meeting is to facilitate the review and discussion of the proposed project and to further solicit public comment relevant to the specific proposal. Open record public hearings may occur prior to a decision being made, or if such a hearing has not occurred, an open record public hearing may occur as part of an appeal of the decision.
A. Hearing Process. Open record public hearings shall be conducted in accordance with this section.
1. Following a determination of completeness for a project permit application requiring a public hearing, the city shall set the time and place for the public hearing and shall provide notice of the hearing as set forth in DPMC 19.16.050. A staff report shall be prepared on the application and shall be presented at the public hearing. The staff report will incorporate recommendations on the project permit application, any mitigation measures recommended under the city’s development regulations, including environmental review regulations, and the city’s final SEPA determination on the project permit application, if applicable.
2. The planning commission, city council, or other applicable hearing officer or hearing body, shall be subject to the prohibitions on conflict of interest, the code of ethics, open public meetings, and appearance of fairness provisions of Chapters 42.21 through 42.23, 42.30, and 42.36 RCW, as the same now exist or may be hereafter amended.
3. While any quasi-judicial proceeding is pending, no member of any recommendation-making or decision-making body may engage in ex parte communications with opponents and proponents with respect to the proposal, except in conformance with Chapter 42.36 RCW, Appearance of Fairness Doctrine – Limitations.
4. Public hearings shall be conducted in accordance with the city’s rules of procedure and shall serve to create or supplement an evidentiary record upon which the applicable hearing body will base its recommendation or decision. The hearing body shall open the public hearing and, in general, observe the following sequence of events:
a. Before receiving information on the issue, the following shall be determined:
i. Any objections on jurisdictional grounds shall be noted on the record, and if there is an objection, the hearing body has the discretion to proceed or terminate; and
ii. The mayor, or other presiding officer, shall inquire of the other members whether the proponents or opponents have engaged in any ex parte communications with members of the hearing body. If such communications have occurred, the substance of any written or oral ex parte communications concerning the recommendation or decision or the action shall be placed on the record; and after a public announcement of the content of the ex parte communication, any party desiring to rebut the communication shall be allowed to place a rebuttal statement on the record;
iii. Any abstentions or disqualifications shall be determined.
b. Presentation of the staff report. The hearing body may ask questions of the staff.
c. Applicant’s presentation, including submittal of any materials. The hearing body may ask questions of the applicant.
d. Testimony or comments by the public relative to the matter being heard. Questions directed to the staff or the applicant shall be posed by the hearing body, at its discretion.
e. Rebuttal, response, or clarifying statements by the staff and the applicant.
f. The public hearing portion of the proceeding shall be closed and the hearing body may deliberate on the matter. At this time, the hearing body may further question a person submitting information, or the staff, if opportunity for rebuttal is provided.
5. The burden of proof is on the applicant or appellant. The project permit or appeal application must be supported by proof that it conforms to the applicable elements of the city’s development regulations, the comprehensive plan, and that any significant adverse environmental impacts have been adequately addressed.
6. Hearing Decisions.
a. Following the open record public hearing, the hearing body shall approve, conditionally approve, or deny the application, or recommend approval, conditional approval, or denial of the application. If the hearing is an appeal, the city council shall affirm, modify, reverse, or remand the decision that is on appeal.
b. Each final decision of the hearing body shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision would carry out and conform to the city’s comprehensive plan and development regulations.
c. Each final decision of the hearing body related to a permit application shall be rendered within 30 days following the conclusion of all testimony and the hearing on the project permit, unless a longer period is mutually agreed to in writing by the applicant and the hearing body. In no event shall the final decision be issued later than 120 days following the issuance of the determination of completeness, unless a longer period is mutually agreed to in writing by the applicant and the hearing body.
d. Each final decision of the hearing body related to an appeal shall be rendered within 90 days following an open record appeal hearing, or within 60 days following a closed record appeal hearing, unless a longer period is mutually agreed to in writing by the applicant and the hearing body.
7. Members of the hearing body may view the subject property with or without notification to the applicant and other interested parties, and the circumstances of such site view shall be placed on the record.
B. Joint Public Hearings.
1. The city may combine any public hearing on a project permit application with any hearing that may be held by other agency with jurisdiction on the proposed action. Hearings shall be combined when requested by an applicant; provided, that:
a. The hearing shall be held within city limits;
b. The other agency is not expressly prohibited by statute from doing so;
c. Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statute, code, ordinance, or rule;
d. Each agency has received the necessary information about the proposed project from the applicant to hold its hearing at the same time as the city hearing; and
e. The joint hearing can be held within the required time periods set forth in this chapter, or the applicant may agree to a particular schedule in the event that additional time is needed in order to combine the hearings.
2. All agencies participating in a combined hearing may issue joint hearing notices and develop a joint format, select a mutually acceptable hearing body or officer, or take such other actions as may be necessary to hold joint hearings consistent with each of their respective statutory obligations. (Ord. 722 § 175, 1998)
19.16.080 Notice of decision.
The final decision shall be made by the decision-making authority for each development permit or request. Each decision shall be made using applicable approval criteria in accordance with this title and other applicable municipal code chapters or uncodified ordinances which govern various types of applications. Where consolidated permit review has been requested by an applicant, the decision for all permits shall be made by the decision-maker for the highest type of review. The decision shall be made after the development proposal has been reviewed through the appropriate review process, and shall be stated as an approval, an approval with conditions, or a denial.
A. Approval or Approval with Conditions. A decision of approval or approval with conditions shall be granted when it is found that:
1. The development proposal is consistent with the comprehensive plan;
2. The development proposal meets all applicable municipal code provisions, ordinances, rules, regulations, and policies; and
3. The development proposal meets all applicable development and design criteria.
B. Denial. A development permit or application shall be denied when it is found that:
1. The development proposal is not consistent with the comprehensive plan;
2. The development proposal does not comply with all applicable municipal code provisions, ordinances, rules, and regulations; or
3. The development proposal does not meet all applicable development and design criteria.
C. Contents. The notice of decision shall include the following:
1. A summary of the final decision, including stating all the decisions made on all project permits that are a part of the application;
2. A statement of any mitigation required under applicable development regulations or under SEPA;
3. A statement of the SEPA threshold decision, where applicable;
4. Any procedures for appeal; and
5. Other information as the decision-maker may determine to be necessary to adequately notify the applicant and others of the decision.
D. Distribution. The notice of decision shall be mailed via first class mail or hand-delivered, within three days of its issuance, to the applicant, affected city departments, agencies with jurisdiction, and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application.
E. Calculation of Time Period for Issuance of the Notice of Decision.
1. Except as otherwise provided in this title, the city shall issue its notice of decision on a project permit application within 120 days after the city issues a determination of completeness on the application. In determining the number of days that have elapsed after the city has issued a determination of completeness, the following periods shall be excluded:
a. Any period during which the applicant has been requested by the city to correct plans, perform required studies, or provide additional information. The period shall be calculated from the date the city notifies the applicant of the need for additional information, until the date the city determines whether the additional information satisfies the request for information, or 14 days after the date the information has been provided to the city, whichever is earlier;
i. If the city determines that the information submitted by the applicant under subsection (E)(1)(a) of this section is insufficient, it shall notify the applicant of the deficiencies and the procedures under subsection (E)(1)(a) of this section shall apply as if a new request for studies had been made;
b. Any period during which an environmental impact statement is being prepared following a determination of significance (DS) pursuant to Chapter 43.21C RCW (SEPA), if the city by municipal code provision, ordinance, or resolution has established time periods for completion of environmental impact statements, or if the city and the applicant agree, in writing, to a time period for completion of an environmental impact statement;
c. Any period for appeals of project permits, if an open record appeal hearing or a closed record appeal, or both, are allowed. The time period shall not exceed 90 days for an open record appeal hearing, and 60 days for a closed record appeal. The parties to an appeal may agree to extend these time periods; and
d. Any extension of time mutually agreed upon by the applicant and the city.
2. If the city is unable to issue its final decision on a project permit application within the time limits provided for in this section, it shall provide written notice of this fact to the project applicant. The notice shall include the statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of decision.
3. Exceptions. The time limits in subsection (E)(1) of this section do not apply if a project permit application:
a. Requires an amendment to the comprehensive plan or a development regulation;
b. Requires approval of a fully contained community as provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, or the siting of an essential public facility as provided in RCW 36.70A.200; or
c. Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete under DPMC 19.12.050. (Ord. 722 § 175, 1998)
19.16.090 Appeals.
A. Appeals of Administrative Decisions. Pursuant to DPMC 19.08.040, any notice of decision issued administratively for a Type I or Type II permit, or any administrative interpretation of development regulations applied to any type of permit application, may be appealed to the city council.
B. Appeals of SEPA Determinations. Pursuant to the city’s environmental policy guidelines (Chapter 16.04 DPMC) and DPMC 19.16.040(C)(4), SEPA determinations, including any determination of nonsignificance (DNS), mitigated DNS, determination of significance (DS), or draft or final environmental impact statement (DEIS/FEIS) or supplement or addendum thereto, are not appealable to the city council. Appeals would be judicial and filed with the Spokane County superior court.
C. Quasi-Judicial Appeals. When a notice of decision has been issued by a hearing body following an open record predecision hearing, the decision may be appealed to the city council as a closed record appeal proceeding.
D. Standing to Initiate an Appeal. Any of the following parties may initiate an appeal:
1. The applicant or owner of the property for which the project permit is proposed;
2. Any person or affected agency who submitted substantive written comments in response to the notice of application;
3. Any person or affected agency who orally testified or submitted substantive written comments at the open record public hearing on the application; or
4. Any city official.
E. Filing of Appeal. Any appeal shall be filed with the city clerk within 14 days of the issuance of the notice of decision and shall be accompanied by the appeal filing fee as established by resolution of the city council.
F. Content of Appeal. All appeals shall be in writing and shall contain the following:
1. The appellant’s name, address and telephone number;
2. The appellant’s statement describing his or her standing to appeal;
3. Identification of the application which is the subject of the appeal;
4. The appellant’s statement of grounds for the appeal addressing why the appellant believes the decision to be wrong and the facts upon which the appeal is based;
5. The desired outcome or relief sought by the appellant, including the specific nature and extent; and
6. A statement that the appellant has read the appeal and believes the contents to be true under the penalty of perjury, followed by the appellant’s signature.
F. Setting of Appeal Hearing. Upon the timely filing of an appeal, the city shall set the date, time, and place for the appeal to be heard by the city council.
G. Burden of Proof. The appellant shall bear the burden of proving the decision was made in error.
H. Notice of Appeal. Public notice of an appeal shall be posted on the property and at the City Hall and other public locations, and shall be mailed to the appellant and to other property owners requiring notice in accordance with DPMC 19.16.050.
I. Staying of Actions. The timely filing of an appeal shall stay all actions on pending applications for development permits associated with the action or decision being appealed until such time as the appeal is adjudicated by the city council or withdrawn.
J. Open Record and Closed Record Appeal Procedures. The guidelines and procedures for conducting an open record appeal hearing are addressed in DPMC 19.16.070, Open record public hearing. Closed record appeals are addressed in DPMC 19.16.100, Closed record decisions and appeals. (Ord. 722 § 175, 1998)
19.16.100 Closed record decisions and appeals.
A closed record appeal hearing shall be conducted by the city council when the matter has been previously subject to an open record predecision hearing.
A. Closed record appeal hearings shall be on the record. No or limited new evidence or information shall be allowed to be submitted, and only appeal arguments shall be allowed.
B. The public hearing process of DPMC 19.16.070, and the notice of decision set forth in DPMC 19.16.080, shall apply to closed record appeal proceedings. (Ord. 722 § 175, 1998)
19.16.110 Judicial appeals.
After exhaustion of any available appeal, the city’s final decision on an application may be appealed by a party of record with standing to file a land use petition in superior court. Such petition must be filed and served within 21 days of issuance of the city’s decision, as provided in Chapter 36.70C RCW. This process shall be the exclusive means of judicial review except for local land use decisions reviewable by a quasi-judicial body created by state law, such as the Eastern Washington Growth Management Hearings Board. (Ord. 722 § 175, 1998)